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79 So. 3d 132

Perez v. State

District Court of Appeal of Florida

Decided January 27, 2012

District Court of Appeal of Florida · decided 2012-01-27

Relies on Padilla v. Kentucky · Barrios-Cruz v. State

Decided 2012-01-27

PER CURIAM.

¶1 Leandro Perez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the postconviction court denied. We affirm. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As in Barrios-Cruz, 63 So.3d at 870, we hold that Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively in post-conviction proceedings, and we certify to the Florida Supreme Court the following question of great public importance pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v):

SHOULD THE RULING IN Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), BE APPLIED RETROACTIVELY IN POSTCONVICTION PROCEEDINGS?

¶2 Affirmed.

WALLACE, KHOUZAM, and MORRIS, JJ., Concur.
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